No one can predict the outcome of a legal case. That decision will be made by a judge or jury after hearing all the admissible facts in light of the relevant law.
Keep in mind, however, what the prosecution has that you don’t – experienced DUI prosecutors on its payroll; officers and breath analysis technicians who have been trained as professional witnesses; a legislature that passes laws designed to make it tougher on you every step of the way; and plenty of funding to see to it that you are convicted.
If you are charged with misdemeanor DUI, and have never been found guilty of a DUI before, or have had a DUI reduced to reckless driving, then you are eligible for court supervision. A sentence of court supervision does not appear on your public driving record, is not a conviction, nor does it affect your driving privileges.
If you do not receive court supervision, and are instead convicted of a DUI, then your driver’s license will be revoked.
Depending on your driving background and the facts of your case, you may be facing jail or penitentiary time, community service, forfeiture of your vehicle, and alcohol/substance abuse treatment.
There are enhanced penalties for DUIs with blood alcohol concentrations (BAC) of 0.16 or higher, while transporting a child under the age of 16, while not having a valid driver’s license, while suspended or revoked for a prior DUI, having one or more prior DUIs, or causing a serious injury or death.
Depending upon your driving history and the facts of your case, your case may be upgraded from a misdemeanor DUI to a felony charge of aggravated DUI. This can occur even on a first offense if at the time of the arrest you did not have a valid driver’s license, you knew or should have known that the vehicle was not insured or you caused a motor vehicle accident resulting in serious or fatal injuries. Your case can also be upgraded to a felony charge if you have been alleged to have committed a DUI when your license was suspended or revoked because of a previous DUI; or if you have committed two or more previous DUIs. A felony DUI can result in a lengthy prison sentence.
Repeat offenders may have their licenses revoked and will not be eligible for full license reinstatement until after they have established a continuous five years of driving with a Restricted Driving Permit that requires use of a Breath Alcohol Ignition Interlock Device (BAIID).
Traffic and Criminal
Will This Stay On My Record?
If you have been charged with a crime, whether it's a traffic related incident or criminal charges, you must have legal representation to help ensure a more favorable outcome. If you do not show up for court, often times you will be found guilty of the charge and a FTA (failure to appear) warrant will be issued for your arrest.
Traffic offenses can have a harmful effect on your freedom in surprising ways. At stake in most petty offenses are fines and court costs, possible increases in auto insurance, and possible driver's license suspensions for multiple violations over time. By paying a traffic ticket without going to court, you are pleading guilty and accepting a conviction. The offense will stay on your record forever, and possibly cause unpredictable problems in the future.
While electing to take traffic safety school in exchange for court supervision may seem like a good idea, the lowest level of the course offered takes four hours to complete, and ensures that any future tickets will be judged more harshly. And let's face it, traffic tickets often come when least expected. Meanwhile, several more favorable options exist, and pleading guilty without going to court means giving up those options.
For convenient service, please complete the contact form.
Thank you for your interest -
WILMINGTON NC DIVORCE, CIVIL, AND CRIMINAL LAW FIRM
FAMILY LAW DIVORCE, CHILD CUSTODY, CHILD SUPPORT, ALIMONY, SEPARATION AND PRENUPTIAL AGREEMENTS, PROPERTY DIVISION, WILLS, NAME CHANGES, ADOPTIONS
CRIMINAL LAW DUI, TRAFFIC, CRIMINAL
Godwin Law Firm • 910.762.0410 • 8 South 6th Street • Wilmington, NC 28401
Supporting New Hanover County, Brunswick County, Pender County and Onslow County
The website content is for informational purposes only and is not a substitute for legal counsel or advice. The content does not represent or constitute a formal client / attorney relationship with our firm. Contact our office for more information.